RESIDENTIAL LEASE PEST CONTROL DISCLOSURE ADDENDUM

(State of Hawaiʻi)

[// GUIDANCE: This template is intended to be attached to and made part of a residential lease or rental agreement covering premises located in Hawaiʻi. It is drafted to comply with the Hawaiʻi Residential Landlord-Tenant Code, HRS ch. 521, and incorporates jurisdiction-specific pest control allocations, treatment procedures, and cost-sharing provisions. Bracketed items require attorney or client input before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Addendum Title and Parties
   This Residential Lease Pest Control Disclosure Addendum (“Addendum”) is entered into as of the Effective Date (defined below) by and between:
   a. Landlord: [LANDLORD LEGAL NAME], [entity type & state of organization, if applicable], with a notice address of [LANDLORD ADDRESS] (“Landlord”); and
   b. Tenant: [TENANT LEGAL NAME(S)] with a notice address of [TENANT ADDRESS] (“Tenant”).

2. Premises
   The real property subject to this Addendum is commonly known as [PREMISES ADDRESS] and is more particularly described in the Residential Lease Agreement dated [PRIMARY LEASE DATE] (the “Lease”).

3. Effective Date
   The “Effective Date” of this Addendum is the latest date of the signatures of the parties set forth in Section X below.

4. Incorporation by Reference
   This Addendum is incorporated into and made part of the Lease. In the event of a conflict between this Addendum and the Lease, the terms of this Addendum shall control solely with respect to pest control matters.

5. Governing Framework
   This Addendum shall be governed by and construed in accordance with the Hawaiʻi Residential Landlord-Tenant Code, Haw. Rev. Stat. § 521-1 et seq.

II. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Capitalized terms not defined herein have the meanings assigned in the Lease.

a. Actual Damages: Direct, out-of-pocket damages proven with reasonable certainty, but excluding any consequential, incidental, special, exemplary, or punitive damages.

b. Cost Allocation: The apportionment of costs associated with inspection, treatment, remediation, and related services as provided in Section III.4.

c. Licensed Pest Control Operator: A person or entity duly licensed under applicable Hawaiʻi Department of Agriculture regulations to perform pest control services within the State of Hawaiʻi.

d. Pest: Any unwanted insect, rodent, or other vermin capable of compromising health, safety, structural integrity, or habitability of the Premises, including but not limited to ants, cockroaches, fleas, bed bugs (Cimex lectularius), termites, and rodents.

e. Pest Control Treatment: Any inspection, application of pesticides, heat or steam treatment, fumigation, baiting, or other method approved by a Licensed Pest Control Operator to eradicate, control, or monitor Pests.

f. Pest Infestation: The presence of one or more Pests in sufficient number or at a sufficient activity level to potentially impact habitability, health, or safety, as reasonably determined by a Licensed Pest Control Operator.

g. State Housing Court: The Hawaiʻi District Court – Landlord-Tenant Division having jurisdiction over the county in which the Premises are located.

III. OPERATIVE PROVISIONS

1. Disclosure of Current Pest Status
   a. Landlord represents that, to Landlord’s knowledge, the Premises [IS / IS NOT] presently free of any active Pest Infestation as of the Effective Date.
   b. Landlord attaches hereto as Exhibit A any inspection report or treatment certificate issued within the preceding [X] days.

2. Initial Inspection & Reporting
   a. Tenant has the right to visually inspect the Premises at move-in.
   b. Tenant shall deliver a written “Move-In Pest Condition Report” to Landlord within 72 hours after taking possession, noting any observed Pests or indicators thereof. Failure to timely deliver such report shall constitute Tenant’s acknowledgment that no Pest Infestation was observed at move-in.

3. Ongoing Notification Obligations
   a. Tenant shall promptly (and in any event within 48 hours) notify Landlord in writing upon discovering suspected Pest activity.
   b. Notices shall be delivered in accordance with the Lease notice provisions.

4. Cost Allocation
   a. Landlord Responsibility:
   i. Costs for any Pest Control Treatment required within the first thirty (30) days of the tenancy shall be borne by Landlord, unless Tenant’s gross negligence or willful misconduct caused or contributed to the Infestation.
   ii. Costs for any Pest Infestation that is structural, pre-existing, or attributable to a condition outside Tenant’s reasonable control (e.g., subterranean termites) shall be borne by Landlord.
   b. Tenant Responsibility:
   i. Costs for Pest Control Treatment arising after the initial thirty (30) days that are attributable to Tenant’s acts, omissions, poor housekeeping, or violation of the Lease or this Addendum shall be borne by Tenant.
   ii. Tenant shall reimburse Landlord within 15 days of receipt of a reasonably detailed invoice.
   c. Shared Responsibility:
   When responsibility cannot be reasonably apportioned, the parties shall share costs equally, subject to dispute resolution procedures herein.

5. Treatment Procedures & Tenant Cooperation
   a. Landlord shall engage a Licensed Pest Control Operator and provide Tenant with at least 48 hours advance notice of any scheduled inspection or treatment, except in emergencies.
   b. Tenant shall grant access to the Premises, follow all preparatory instructions (e.g., laundering, decluttering, pet removal), and not interfere with treatment.
   c. Failure to cooperate is a material breach and an Event of Default under Section VI.

6. Preventative Measures
   a. Landlord may implement routine preventative treatments not more than quarterly; such treatments shall be at Landlord’s cost unless otherwise specified by applicable law.
   b. Tenant shall keep the Premises in a sanitary condition, store food in sealed containers, dispose of garbage regularly, and refrain from introducing used mattresses or upholstered furniture without Landlord’s prior written consent.

7. Access for Follow-Up
   Landlord or the Licensed Pest Control Operator may schedule follow-up visits as reasonably necessary; Tenant cooperation requirements in Section III.5 apply equally to follow-up visits.

IV. REPRESENTATIONS & WARRANTIES

1. Landlord Representations
   a. Landlord has complied with all disclosure obligations under HRS § 521-42(a)(5) related to material facts affecting health or safety.
   b. Landlord warrants that any Pest Control Treatment performed will comply with all federal, state, and local regulations, including any applicable Environmental Protection Agency (EPA) labeling requirements.

2. Tenant Representations
   a. Tenant represents that Tenant has not experienced or caused a Pest Infestation in any prior residence within the past [___] years except as disclosed in writing to Landlord.
   b. Tenant warrants that any personal property introduced to the Premises is free of Pests to the best of Tenant’s knowledge.

3. Survival
   The representations and warranties set forth in this Section IV shall survive the expiration or earlier termination of the Lease for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

1. Tenant Covenants
   a. Maintain housekeeping standards that discourage Pests.
   b. Refrain from using over-the-counter pesticides without Landlord’s consent.
   c. Not install or operate pesticide foggers, heat treatment devices, or similar equipment.

2. Landlord Covenants
   a. Maintain the Premises in a condition fit for human habitation and substantially in compliance with HRS § 521-42.
   b. Provide written instructions and safety data sheets (SDS) for any pesticide used.

3. Compliance Monitoring
   Landlord may conduct periodic inspections, on not less than 48 hours’ notice, to verify compliance with Section V.1.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Tenant’s failure to reimburse Pest-related costs when due.
   b. Tenant’s refusal to provide access or failure to comply with preparatory instructions.
   c. Tenant’s intentional introduction of Pests.

2. Notice and Cure
   Landlord shall provide a written notice specifying the default and allow Tenant 5 days to cure, except in emergencies posing imminent health risks.

3. Graduated Remedies
   a. First Violation: Written warning and required remedial action.
   b. Second Violation: Reimbursement obligation plus administrative fee of $[__].
   c. Third Violation: Landlord may pursue termination of tenancy in accordance with HRS § 521-72, seek monetary damages, and obtain injunctive relief to restore habitability.

4. Attorney Fees & Costs
   The prevailing party in any action to enforce this Addendum shall be entitled to reasonable attorney fees and costs, subject to limitation of liability in Section VII.2.

VII. RISK ALLOCATION

1. Indemnification
   a. By Landlord: Landlord shall indemnify, defend, and hold harmless Tenant from and against any claims, losses, or liabilities arising out of Landlord’s failure to fulfill its obligations under this Addendum, except to the extent caused by Tenant’s negligence, willful misconduct, or breach.
   b. By Tenant: Tenant shall indemnify, defend, and hold harmless Landlord from and against any claims, losses, or liabilities arising out of Tenant-introduced or Tenant-exacerbated Pests, Tenant’s breach of this Addendum, or Tenant’s violation of preparatory or safety instructions.

2. Limitation of Liability
   Notwithstanding any contrary term in the Lease, each party’s liability under this Addendum is limited to Actual Damages. The parties expressly waive any right to consequential, punitive, or exemplary damages related to pest control issues.

3. Insurance
   a. Landlord represents it maintains property insurance covering structural damage caused by covered Pests (e.g., termites) to the extent available.
   b. Tenant is advised to obtain renters’ insurance covering personal property damage from Pests.

4. Force Majeure
   Neither party shall be liable for failure to perform obligations hereunder if performance is prevented by force majeure events beyond reasonable control (excluding financial inability), provided that the affected party gives prompt notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Addendum and any dispute arising hereunder shall be governed by the substantive laws of the State of Hawaiʻi, without regard to conflict-of-laws principles.

2. Forum Selection
   The parties consent to exclusive jurisdiction and venue in the State Housing Court for all actions arising under this Addendum or related to pest control matters.

3. Arbitration
   Arbitration is expressly excluded.

4. Jury Trial
   Each party retains its constitutional right to a jury trial; no waiver is intended or implied.

5. Injunctive Relief
   Nothing in this Section VIII shall limit either party’s right to seek temporary, preliminary, or permanent injunctive relief as necessary to protect habitability and health standards.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment or waiver of any provision of this Addendum shall be effective unless in a writing signed by both parties.

2. Assignment & Delegation
   Tenant may not assign this Addendum or delegate its duties without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

3. Successors & Assigns
   This Addendum is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns.

4. Severability
   If any provision is held invalid or unenforceable, the remainder shall be enforced to the fullest extent permitted by law, and the invalid provision shall be deemed modified to the minimum extent necessary to render it valid.

5. Integration
   This Addendum, together with the Lease and any other written addenda, constitutes the entire agreement on pest control matters and supersedes all prior or contemporaneous oral or written agreements.

6. Counterparts & Electronic Signatures
   This Addendum may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) shall be deemed originals for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Residential Lease Pest Control Disclosure Addendum as of the Effective Date.

[Optional Notary Acknowledgment if required under local practice]

EXHIBIT A

Most Recent Pest Inspection/Treatment Documentation
[Attach Licensed Pest Control Operator’s report or certificate]

[// GUIDANCE:
1. Verify local county regulations for additional disclosure forms (e.g., bed-bug specific notices).
2. Confirm notice periods (48 hrs/72 hrs) align with any future statutory changes.
3. Insert administrative fee, cure periods, and cost-sharing percentages consistent with client policy.
4. Where multiple tenants execute the Lease, obtain signatures of all adult occupants.
5. Keep executed Addendum with the master Lease and provide copies to all parties.]